Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Is this in your contract? Please upload a copy so that I may take a look at the relevant clause/s
Also, how long have you worked there for?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. It is entirely legal for the practice you have described to happen. Just because someone is paid for an hour, does not mean they can only be expected to work that hour and it is possible to be asked to work additional time if needed. Same applies for people who are on a salary and fixed hours - they can have a clause which says they could be asked to come in and work unpaid overtime if required. The main legal protection is that a worker cannot be paid less than the minimum wage considering the time they have worked. So if someone only gets the minimum wage per hour and they are asked to work extra hours unpaid, they will go below the minimum rate on average. Whereas someone who gets more than the minimum wage could still be asked to work extra hours unpaid and still receive above the minimum rate on average, which will all be legal, as long as it is allowable under contract.
Does this answer your query?
the payment period, so if they are paid monthly it would be that month to which the payment applies. Does this clarify things a bit more for you?
All the best